B LAW final possible Q's

an essential aspect of a successful claim under the ATS is to demonstrate that the _____

acts committed violate the law of nations

62. Which of the following is an instance of trademark infringement?

an accidental design of one's own mark too similarly to another's

9. The Fair Labor Standards Act (FLSA) sets 16 years of age as the minimum age for employment.

false; As a general rule, the Fair Labor Standards Act (FLSA) sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16.

55. A _______is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti

hostile work environment

generic information nondiscrimination act

prohibits covered employers from firing individuals on the basis of their hereditary information and from discriminating against employees and applicants on the basis of a family members hereditary info

Economic Espionage Act

-makes it a crime to steal (intentionally misappropriate) trade secrets and provides for fines and prison -makes one liable for standard trade secret misappropriation -also addresses misappropriation to benefit a foreign government- true espionage -permits only the federal gov't to bring a case under it

injunction

-orders those who have misappropriated the trade secret to refrain from using it or telling others about it -injunction may also order that one delay in taking a new job

fringe benefits determined by seniority systems

-pension -vacation

payments included under equal pay

-stock options -incentive bonuses

advantages of the method of arbitration to resolve international disputes

-the parties can agree on a neutral and objective third party to act as the arbitrator -the unwanted publicity that often accompanies open court proceedings can be avoided

ICJ---> determining what is international law in accordance with article 38 f the statute of the ICJ

1. international conventions 2. international custom 3. the general principles of law 4. judicial decisions and teachings of the most highly qualified publicists

46. Within how many days must an employee file charges of illegal discrimination with the Equal Employment Opportunity Commission after notice of the unlawful practice?

180; An employee must file charges of illegal discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days after notice of the unlawful practice. If the employee first filed in a timely fashion with a state fair employment practices commission, the law extends the time for filing with the EEOC to 300 days.

39. Where state agencies begin discrimination proceedings, how many days must the Equal Employment Opportunity Commission wait before it starts action?

60

114. What is the doctrine of respondeat superior?

An agent who causes harm to a third party may create legal liability owed by the principal to the third party. The legal test for imposing this "vicarious liability" depends on whether the agent was acting within the scope of employment when the tort occurred. Any time an employee is liable for tortious acts in the scope of employment, the employer is also liable. This is because of the tort doctrine of respondeat superior ("let the master reply").

54. The integration of African Americans into the mainstream of American society is the primary objective of the ___________

Civil Rights Act of 1964

109. John, a New York City fireman, was putting out a fire when he was struck by a chair which a fellow firefighter had either thrown or pushed from a window of the burning building. John sustained injuries and sued the city for damages. In its defense, the city claimed the common law fellow-servant rule defense. What is the fellow-servant rule? Does it apply in this case?

If an injury occurred because of the negligence of another employee, the negligent employee, rather than the employer, was liable because of the fellow-servant rule. It is applicable in this case because the injury to John was caused by the action of a fellow firefighter. The city cannot be held liable for the injuries sustained by John.

99. Briefly explain why most international contracts contain choice of law.

International law can be complicated and a single business transaction can involve several companies in different nations. For example, a contract dispute between a Chinese manufacturer, an American wholesaler, and a Canadian retailer could potentially involve the laws of all three countries. Determining the law that controls could affect the outcome of the case. Determining which nation's court may hear the case can be difficult. For this reason, most international contracts contain choice of law and forum provisions to eliminate this uncertainty.

54. Which of the following statements is true of the National Defense Authorization Act (FY 2010 NDAA) under the Family and Medical Leave Act?

It extended military caregiver leave to eligible employees whose family members are recent veterans with serious injuries or illnesses.

59. which of the following statements is true of the Pregnancy Discrimination Act?

It requires an employer to provide coverage for abortion if an employee develops medical complications because of an abortion.;

44. Which of the following statements is true of patents?

Many of the basic principles of modern patent law are sourced from the Venetian Patent Act of 1474; The Venetian Patent Act of 1474 is generally considered to be the world's first patent statute for the purpose of rewarding new ideas. Many of its basic principles for protecting inventions are present in modern patent law.

58. Mike and Kathy are both tenured associate professors in a school's English department. Kathy always makes provocative comments to Mike and touches him inappropriately without consent. Mike complains to the school board about Kathy's inappropriate behavior, but the board ignores him. Which of the following statements is true in this scenario?

Mike can file a suit against the school for creating a hostile work environment

95. Ben started working for Whitestone in December 2005. Two years later, Whitestone was acquired by Sky Inc., a competitor. Ben learned that he had fibrosing mediastinitis and applied for Family and Medical Leave Act (FMLA) leave for a related surgery. Ben notified his supervisor of his intention to return to work in two months, and his leave was approved. When the regional manager learned that Ben was returning, he discharged Ben and provided assurances to Human Resources that Ben's position would have been eliminated due to the acquisition of Whitestone, regardless of his FMLA leave. Is Whitestone justified in its action?

No. Once family medical leave is granted, the employer must keep the employee's job available for when the leave is up and the employee returns to work. In essence, the employee who qualifies for family medical leave is not supposed to be disadvantaged by the fact that the leave was taken.

107. Patty, a 16-year-old studying in Valley High, was playing hockey against the Manfield High hockey team. While Patty was attempting to score a goal, two members of the Manfield team tackled her. She sustained minor injuries as a result of the tackle. Patty sued the school and the school district for negligence and proceeded to file a case to recover damages for the injuries that she had sustained during the match. Under the common law, is Patty eligible to recover damages?

No. When Patty played, she assumed a risk of injury, which is considered a foreseeable consequence of participating in an athletic competition voluntarily. The assumption of the risk defense cancels any liability that Manfield High might have.

43. Which of the following statements is true of the Economic Espionage Act (EEA)?

One of the provisions of the EEA makes one liable for misappropriation to benefit a foreign government; Although one provision of the Economic Espionage Act (EEA) makes one liable for misappropriation to benefit a foreign government—the act that usually comes to mind when we think of espionage—the law also has a provision that relates to common trade secret theft. Although one provision of the EEA makes one liable for standard trade secret misappropriation, another provision addresses misappropriation to benefit a foreign government—true espionage.

50. Which of the following statements is true of the International Court of Justice?

Only countries that have submitted to the Court's jurisdiction may be parties.; Only countries that have submitted to the International Court of Justice's jurisdiction may be parties, since there is no compulsory process for forcing a country to come before the Court. A country may choose to accept the Court's jurisdiction only when the use of the Court may suit its own interests.

47. Which of the following statements is true of sources of international law?

Public international law examines relationships between nations.; Public international law examines relationships between nations and uses rules that are binding on all countries in the international community. Private international law examines relationships created by commercial transactions and utilizes international agreements, as well as the laws of nations to resolve business disputes.

66. _______ are defined as those with a disability who, with or without reasonable accommodation, can perform the essential functions of a particular job position.

Qualified disabled; Qualified disabled are defined as those with a disability who, with or without reasonable accommodation, can perform the essential functions of a particular job position. Employers must make reasonable accommodation only for the qualified disabled.

50. Anna files a discrimination charge against her employer, NTTB Network Inc., for creating a hostile work environment. Anna's co-worker, Edward, gives testimony in the discrimination case. As a result, Edward is transferred to another branch where he is required to work in night shifts. Edward's salary remains the same, as does his job title. In this case, Edward is most likely to have a claim for _____

Retaliation

63. _____, one of the major institutions of the European Union (EU), decides the nature and parameters of the EU law.

The Court of Justice

45. Which of the following statements is true of design patents?

The duration of a design patent is 14 years from the date of issue.

72. Which of the following is a defense to a charge of trademark infringement?

The use is a "fair use."; To win a trademark infringement lawsuit, a defendant will usually present one of three basic defenses: (1) the mark is not distinctive, (2) there is little chance of the public's being confused by use of a term trademarked by someone else, or (3) the use is a "fair use."

98. What are the reasons for the widespread reluctance to resort to the International Court of Justice as a forum for resolving international disputes?

There has been widespread reluctance to resort to the International Court of Justice (ICJ) as a forum for resolving international disputes for several reasons. First, only countries have access to the Court. Private parties or corporations may not directly present claims before the Court. No device exists under U.S. law by which a firm or individual can compel the U.S. government to press a claim on its behalf before the ICJ. Furthermore, only countries that have submitted to the Court's jurisdiction may be parties, since there is no compulsory process for forcing a country to come before the Court. A country may choose to accept the Court's jurisdiction only when the use of the Court may suit its own interests. Moreover, the ICJ has no enforcement authority and must rely on diplomacy or economic sanctions against countries that breach international law. For these reasons, infractions of international law often are settled through diplomacy or arbitration, rather than by the presentation of formal charges to the ICJ.

104. Discuss the positive impact of the Convention on the International Sale of Goods.

Under the Convention on the International Sale of Goods (CISG), a significant degree of freedom is provided for the individual parties in an international contract. The parties may negotiate contract terms as they deem fit for their business practices and may, if desired, even opt out of the CISG entirely. One of the most interesting provisions in the CISG includes a rule that contracts for the sale of goods need not be in writing. The CISG also provides that in contract negotiations an acceptance that contains new provisions that do not materially alter the terms of the offer becomes part of the contract, unless the offeror promptly objects to the change. The CISG sets forth the fundamental elements that will materially alter a contract such as price, payment, quality, and quantity of the goods, place and time of delivery of goods, provisions related to one party's liability to the other, and methods for settling disputes. Since international transactions typically involve sophisticated parties, the CISG also makes it easier to disclaim warranties on goods than under traditional U.S. law.

56. the _______promotes economic development in poor countries by making loans to finance necessary development projects and programs

World Bank; The World Bank promotes economic development in poor countries by making loans to finance necessary development projects and programs. The International Monetary Fund (IMF) encourages international trade by maintaining stable foreign exchange rates and works closely with commercial banks to promote orderly exchange policies with members.

94. Serena, who had worked for Winstrol Corp. for nearly 30 years, began undergoing therapy after she started having suicidal thoughts. After being supervised, Serena notified her supervisor that she would be unable to work for at least one month. Winstrol mailed Serena a Family and Medical Leave Act packet, which she completed and forwarded to her health care provider for certification. Winstrol denied the plaintiff's FMLA request because the supplied medical information was insufficient to support a serious health condition. Serena asked the hospital to provide additional medical information to the defendant, which Winstrol received the following day. A few days later, Winstrol notified Serena in a letter that she was terminated for her failure to supply medical information as required by the company. Serena sued her employer for interfering with her FMLA leave rights. Is she right?

Yes. An employer may request a medical certification that a qualifying event has occurred in the employee's life. The initial certification that Serena provided was incomplete, but she did provide the certification, albeit incomplete, in a timely matter. She provided the complete certification after the incomplete nature of the certification was brought to her notice. Therefore, Serena may sue her employer for interfering with her FMLA leave rights.

98. Mekon Ltd. operates a paper mill that employs more than 1,000 workers. The mill has been maintained poorly. It has a number of places where machine parts work without security. The open-sided platforms in the mill are unguarded against falls. Most of the stairs in the mill do not have railings, and the floors are not dry in many places. However, the mill has not witnessed a single injury or death in all these years of operation. Does the mill violate any law?

Yes. The mill violates the provisions set by the Occupational Safety and Health Administration (OSHA). Employers are required to comply with OSHA standards to furnish a workplace free from recognized hazards. Though there have been no accidents yet, unguarded machine parts, unguarded open-sided platforms, and stairs that do not have railings constitute health hazards for the workers working in the mill.

creeping expropriation

a series of acts such as taxes, regulation, or other changes in law that have an expropriatory effect and reduce or eliminate foreign investment is known as

82. Which of the following is considered to be a genetic test under the Genetic Information Nondiscrimination Act?

a test for colon cancer; A test for colon cancer is considered to be a genetic test under the Genetic Information Nondiscrimination Act (GINA). Other tests that are considered to be genetic tests under GINA include tests that might determine if a person is genetically disposed to breast cancer, colon cancer, or Huntington's Disease; amniocentesis and newborn screening; carrier screening for cystic fibrosis, sickle cell anemia, spinal muscular dystrophy, and fragile X syndrome; and DNA testing to detect genetic markers associated with ancestry information.

48. An airline has a requirement that all its pilots be at least five feet three inches tall. In this case, height is a valid requirement, and using it does not violate employment discrimination laws. A group of aspiring pilots who fail to meet the height requirement file a disparate impact case with the Equal Employment Opportunity Commission against the airline. In this case, the airline is most likely to use the _____

business necessity defense; In this case, the airline is most likely to use the business necessity defense. This defense requires the airline to prove that the practices or policies used are job related and based on business necessity.

64. which of the following is actually intended to be used by someone other than the user?

certification marks; A certification mark is a mark used by someone other than the owner to certify the quality, point of origin, or other characteristics of goods or services, for example, the Good Housekeeping Seal of Approval.

Foreign sovereign immunities act

codifies the restrictive theory under which immunity exists with regard to sovereign acts

employers institute seniority systems on their own, but in a union shop, they are usually the result off

collective bargaining

75. According to the Lanham Act of 1946, which of the following is a mark representing membership in a certain organization or association?

collective mark; ex. National Football League logo

70. Under common law, if an injury was caused by the carelessness of an employee as well as the employer, the employee would be unable to recover damages because of the______ defense of the employer

contributory negligence; Assume that an employer knowingly instructed workers to operate dangerous machinery not equipped with any safety devices, even though the employer realized injury to them was likely. A worker had his arm mangled when it was caught in the gears of one of these machines. Even though the employer was negligent in permitting this hazardous condition to persist, if the worker was aware of the dangers that existed, he would be unable to recover damages because he knowingly assumed the risk of his injury. In addition, if the injury were caused by contributory negligence of the employee as well as the negligence of the employer, the action was defeated.

67. Under the Employee Polygraph Protection Act_________

current employees may not be tested randomly but may be tested as a result of a specific activity that causes an economic loss to the employer

sovereignty

defined as the supreme, absolute, and uncontrollable power by which a state is governed

45. Matt, a supervisor, refuses to let female employees work on overtime assignments because he thinks it is unsafe for women to work after 6 p.m. The female employees decide to file a charge against Matt with the Equal Employment Opportunity Commission. This case is an example of

disparate impact; This case is an example of disparate impact as Matt's practices have a discriminatory impact on all female employees. In a disparate impact case, a plaintiff must prove that an employer's practices or policies had a discriminatory effect on a group protected by Title VII.

57. in the context of trademarks, which of the following is otherwise known as recognizability?

distinctiveness; Recognizability or distinctiveness is the function of trademarks. Trademarks are a form of intellectual property. Like patents, you can register them with the PTO. Also like patents, trademarks are some of the most valuable properties that businesses own.

87. The 1991 revision of the Civil Rights Act to support punitive and compensatory damages has

encouraged employees to sue their employer; The 1991 revision of the Civil Rights Act to support punitive and compensatory damages has encouraged employees to sue their employers. Private lawsuits alleging discrimination in employment surged in recent years, more than tripling.

private international law

examines relationships created by commercial transactions and utilizes international agreements

a feature of private international law is that it

examines the laws of nations to resolve business disputes

in the context of international law, the seizure of foreign-owned property by a gov't is known as

expropriation

16. The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.

false; Covered employers are those who employ 50 or more employees for each working day of 20 or more calendar weeks during either the current or preceding year. Eligible employees have worked for their employer for at least 12 months and have worked at least 1,250 hours during the preceding 12 months.

19. In an international sales transaction, an issuing bank's commitment to pay is given to the seller directly in the case of a letter of credit.

false; In an international sales transaction, an issuing bank's commitment to pay is given, not to a seller directly, but to a confirming bank located in the United States from which the seller obtains payment. The confirming bank forwards the bill of lading to the issuing bank in order to obtain reimbursement of the funds that have been paid to the seller.

5. General exceptions regarding pay for workers under the Fair Labor Standards Act (FSLA) are usually referred to as the "blue-collar" exemptions to overtime.

false; Some of the general exceptions under the Fair Labor Standards Act (FSLA) include pay for workers in executive administrative or professional job positions. These exceptions are commonly referred to as the "white-collar" exemptions to overtime.

3. The power of a government to take private property, the power of eminent domain, is not subject to any restraint.

false; The power of a government to take private property, the power of eminent domain, is regarded as inherent, yet it is subject to restraints upon its exercise. The U.S. Constitution prohibits the government from seizing private property except for public purposes and upon the payment of just compensation.

17. The Convention on the International Sale of Goods resolves all areas of contract law.

false; parties are still subject to local laws and customs, which makes international agreements complex and tricky to negotiate. Since international transactions typically involve sophisticated parties, CISG also makes it easier to disclaim warranties on goods than under traditional U.S. law.

true or false: the justification for intellectual property is different from the private property system generally

false; the justification for intellectual property is the same as for the private property system generally. Property relationships are believed to be more productive in allocating scarce resources and producing new ones than legal relationships that merely divide resources equally

true or false: independent creation constitutes misappropriation of information

false; independent creation does not constitute misappropriation. If through one's own effort, one is able to recreate the same information that another considers to be a trade secret, no misappropriation has occured

71. Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the ______defense

fellow-servant rule; Assume that an employer knowingly instructed workers to operate dangerous machinery not equipped with any safety devices, even though the employer realized injury to them was likely. A worker had his arm mangled when it was caught in the gears of one of these machines. If the injury occurred because of the negligence of another employee, the negligent employee, rather than the employer, was liable because of the fellow-servant rule.

a domestic firm may choose to grant a foreign firm the means to produce and sell its product

franchise contract

73. GRM Fast Food Corp., located in New York, grants Truffle Eateries, a chain of restaurants in Paris, permission to produce and sell GRM's famous pizzas. Truffle Eateries will launch GRM in Paris and sell its products. The international business arrangement of GRM Fast Food Corp. is an example of a _______

franchise; The international business arrangement of GRM Fast Food Corp. is an example of a franchise. In appropriate circumstances, a domestic firm may choose to grant a foreign firm the means to produce and sell its product. The typical method for controlling these transfers of information is the license or franchise contract. As GRM Fast Food Corp. has granted the foreign firm, Truffle Eateries, the means to produce and sell its product, it has a franchise contract with Truffle Eateries.

retaliation

illegal for employers to punish employees for opposing discrimination, filing a charge of discrimination, giving testimony in a discrimination case, or in any way participating in a discrimination investigation

the basic economic system of intellectual property is grounded in the idea of _____

incentives

73. Civil violation of a trademark or a patent is termed _______

infringement; Civil violation of a trademark (or a patent) is termed infringement. The violator infringes on the trademark's property right through an unintentional or willful, unauthorized use, misappropriating the goodwill and reputation that the trademark represents and confusing the public about the identity of the user.

New York Convention

international convention that encourages the use of arbitration in commercial agreements made by companies in the signatory countries

bill of lading

is a document given by a carrier to a buyer which states that the concerned goods have been shipped by its seller

46. If an employer already provides compensated breaks, an employee who uses that break time to express milk

is legally entitled to be compensated in the same way as other employees.

a true statement about the foreign corrupt practices act (FCPA)

it applies to foreign firms and individuals who engage in corrupt payments in the US

international custom

it describes common leal practices followed by nations in working with each other over a long period of time

public international law

it examines relationships between nations and uses that are binding on all countries in the international community

identify an aspect of copyright

it is authorized by the US constitution

general principles of law

it is found in national rules common to the countries in dispute

56. which of the following is true in case a patent expires?

it is in the public domain and others may use it without limitations

licensing agreement

it is often used as a transitional technique for firms expanding international operations

a feature of private international law is that

it is represented by the laws of individual nations

a feature of private international law is that ______

it is represented by the laws of individual nations

judicial decisions and teachings

it is used for guidance in resolving a dispute

one must ____ to violate another's trade secret rights

misappropriate information

to violate another's trade secret rights, one must:

misappropriate the information

53. _____ refers to the ability of an invention to produce surprising or unexpected results; that is, results not anticipated by prior art.

nonobviousness

50. In the context of patentable subject matter, which of the following characteristics about an invention indicates that something is new and different from the prior art?

novelty

53. Bill, the owner of FG Kraftco Corp., asks his employee, Megan, for sexual favors in exchange for a raise in her salary. When Megan refuses to entertain his request, Bill reduces her salary. Megan files a charge against Bill with the Equal Employment Opportunity Commission. This case is a ________

quid pro quo case; This is a quid pro quo case as Bill promised Megan benefits in exchange for sexual favors and reduced her salary when she refused. This type of sexual harassment case involves a plaintiff who has been promised benefits or threatened with loss if she or he does not give sexual favors to an employment supervisor.

85. As interpreted by the courts, Section 1981, a provision of the Civil Rights Act of 1866, applies only to _______

racial discrimination; Section 1981 does not cover discrimination based on sex, religion, national origin, age, or handicap.

The ADA replaces the _______ as the primary federal law protecting the disabled in private sector employment

rehabilitation act of 1973

provisions of title VII of the civil rights act of 1964 do not apply to ___

religious groups

49. Hailey files a discrimination charge against her company as it pays less wages to African American employees. The company demotes Hailey and reduces her salary because of the discrimination charges filed by her. This case is an example of __________

retaliation; The company retaliated against Hailey by demoting her and reducing her salary. It is illegal for employers to retaliate against employees for opposing discrimination, filing a charge of discrimination, giving testimony in a discrimination case, or in any way participating in a discrimination investigation.

doctrine of sovereign immunity

should not be extended to include the repudiation of a purely commercial obligation owed by a foreign sovereign or by one of its commercial instrumentalities

80. In determining whether a particular use is a fair one, a court will consider______

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; In determining whether a particular use is a fair one, a court will consider the purpose and character of the use, including whether such use is for commercial or nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for the copyrighted work.

77. Which of the following protects a "famous" trademark, even if the owner is unable to prove that the public is confused by another's use of a similar mark, and provides the owner with the infringer's profits and actual damages?

the federal trademark dilution act

37. An expropriation is also considered to be a confiscation of property when

the owner of property is not fairly compensated.; The expropriation is also considered to be a confiscation of property when the owner of a property is not fairly compensated. Usually, the expropriating government also assumes ownership of the property, so the process includes nationalization as well.

78. which of the following is an advantage to arbitrating international disputes?

the parties to a dispute can avoid unwanted publicity

which of the following steps should a seller who uses the business transaction method of foreign sales take

the seller should use an irrevocable letter of credit to ensure payment

a characteristic of licensing agreement is that

they allow international businesses to enter a foreign market without any direct foreign investment

international conventions

they are similar to legislation or statutes and represent formal agreements between nations

61. The Nike "swoosh" and McDonald's golden arches are examples of which type of intellectual property?

trademark; Trademarks are a form of intellectual property. Like patents, you can register them with the U.S. Patent and Trademark Office. Also like patents, trademarks are some of the most valuable properties that businesses own. McDonald's golden arches, the Nike "swoosh," Coca-Cola, Sony, Facebook, Amazon.com, the Colonel, Exxon, Kodak, Kleenex, the Olympic rings, Rolex, Levi's—the list of famous trademarks is almost endless, but always recognizable.

21. By using a letter of credit, a buyer need not pay a seller for goods prior to shipment and the seller can obtain payment for the goods immediately upon shipment.

true

5. A country may choose to accept the International Court of Justice's jurisdiction only when the use of the Court may suit its own interests.

true; A country may choose to accept the International Court of Justice's (ICJ's) jurisdiction only when the use of the Court may suit its own interests. Moreover, the ICJ has no enforcement authority and must rely on diplomacy or economic sanctions against countries that breach international law.

31. Common ailments in which an employee has had a preexisting disease are compensable as "accidental injuries."

true; Courts have held that heart attacks (as well as other common ailments in which an employee has had either a preexisting disease or a physical condition likely to lead to the disease) are compensable as "accidental injuries."

in order to register a trademark with the PTO, one must

use the mark in interstate commerce